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2025 Supreme(Bom) 1375

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
Suresh Agarwal – Appellant
Versus
Sudhir Agarwal – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Atul Damle, Senior Advocate with Mr. Aniket S. Patil
For the Respondent: Mr. Mohit Bhardwaj, Mr. Anit Anekar with Mr. Siddhant Sawhney i/by Auris Legal, Smt. V.R. Raje, AGP, Mr. B.B. Dahiphale, AGP, Smt. S.D. Chipade, AGP

JUDGMENT :

AMIT BORKAR, J.

1. All these petitions arise from the same set of facts and raise the same legal issues. It is therefore appropriate to decide them together by a single judgment.

2. These petitions question the order of the Cooperative Appellate Court dated 15 November 2025. The Appellate Court partly confirmed the order of the Cooperative Court and directed that the managing committee shall not convene any meeting or pass any resolution till the dispute is finally decided or fresh elections are held, whichever event occurs earlier.

3. The facts according to disputant may be stated as follows. Respondent No.1 filed Dispute No. 342 of 2024. He seeks a declaration that the managing committee elected for the term 2022 to 2027 of respondent No.11 society ceased to be validly constituted from 4 August 2024. This claim is based on the resignation of seven members on 4 August 2024. He seeks a further declaration that the strength of the managing committee must always be maintained at the sanctioned strength of 19 members. He also seeks a declaration that the strength must not fall below two third of 19 namely 13, at any point of time during the tenure. He submits that if the stren

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